F And S vTH

F And S vTH

The claims were dismissed because the evidence was insufficiently reliable to establish the alleged abuse to the requisite standard, and even if it had been, the delay and resulting prejudice meant a fair trial was no longer possible; thus, discretion to extend the limitation period was not exercised.

Parties
Claimant: F; Claimant: S; Defendant: TH
Jurisdiction
England and Wales
Judgment Date
01 July 2016
Procedural Posture
Civil / Judgment After Trial
Outcome
Claims dismissed
Legal Topics
Vicarious Liability, Sexual Abuse Claims, Limitation Period Extension, Evidentiary Reliability
Tort Limitation of Actions Vicarious Liability Sexual Abuse Claims Limitation Period Extension Evidentiary Reliability

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

F

Claimant

S

Claimant

TH

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether to extend the limitation period under s.33 of the Limitation Act 1980 for historic sexual abuse claims
  2. 2 Whether the evidence is sufficiently reliable to establish the alleged abuse and resulting damages
  3. 3 Whether a fair trial is possible given the delay and loss of evidence

Ratio Decidendi

The claims were dismissed because the evidence was insufficiently reliable to establish the alleged abuse to the requisite standard, and even if it had been, the delay and resulting prejudice meant a fair trial was no longer possible; thus, discretion to extend the limitation period was not exercised.

Court Disposition

Claims dismissed

Orders

  • Claims by F and S are dismissed
  • No extension of limitation period granted